Background:

• Husein obtained a life insurance policy through Janmohamed's assistance, with Aga Khan Foundation Canada as the beneficiary.
• Husein agreed to a base premium for the policy, which later increased, leading to his claim of misrepresentation against Janmohamed after paying increased premiums.

Legal Issue:

• Janmohamed sought to dismiss Husein's claim, arguing it disclosed no cause of action, was statute-barred, and that Husein, not being the policy owner or beneficiary, had no standing.

Court's Analysis and Decision:

• The court did not strike the pleading as disclosing no cause of action, finding it plausible that Husein could succeed in a claim for negligent misrepresentation.
• Husein's relationship with Janmohamed, as the agent who sold the policy, provided a basis for the misrepresentation claim, regardless of Husein's lack of ownership or beneficiary status in the policy.
• It was determined there are genuine issues requiring a trial, particularly whether Janmohamed misrepresented the policy's terms and if Husein suffered damages as a result.
• The court dismissed the argument that the claim was statute-barred, noting Husein filed within the limitation period after becoming aware of the issue.

Outcome:

• The motion to strike Husein’s claim and for summary judgment was dismissed, affirming the need for a trial to resolve the issues of misrepresentation and damages.
• The court found genuine issues requiring a trial on the nature of the misrepresentation and the resulting damages.
• No financial terms specified for costs in the document.